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ANNOUNCEMENT:FRESH LEGAL CASE TO RECTIFY 5TH CPC ANOMALY

The Govt of India (GoI) accepted the 5th CPC recommendations wef 1 Jan 1996. Based on the recommendations of the 5th CPC and its acceptance by the GoI, the pay of Majors and their equivalents in Navy and IAF (i.e. Lt Cdrs and Sqn Ldrs) was fixed in the pay scale of Rs 11600 – 325 – 14850.

This scale was lower than their equivalents in Civil services. The anomaly was brought to the notice of GoI, by then Services Chiefs. The GoI constituted a committee chaired by Defence Secretary to review the anomaly reported and make recommendations.

The committee recognized the anomaly and recommended to the GoI to fix initial pay of Majors (&Equivalents) at Rs 11,925 so that the starting salary became equal to equivalent positions in Civil Services. The GoI approved the recommendation of the Committee to fix the initial pay of Majors and equivalents at Rs 11,925. However, while accepting the recommendations of the Defence Secretary’s committee the GoI orders made the higher starting salary of 11925 /-pm applicable from 29 Feb 2000 instead of 1 Jan 1996.

Since the anomaly arose from the recommendations of 5th CPC which was approved by Govt of India w.e.f. 01 Jan 1996. the GoI’s decision as per their letter dated 29 Feb 2000 to implement the increase in salary of Majors & Equivalents, from 11,600/- to 11925/- is contrary to its own policy and violative of the HSC decisions.This is the fundamental issue on which this case hinges and for which relief is being sought.

TSEWA has therefore decided that there is sufficient cause and grounds for affected/aggrieved officers, to seek relief by approaching the Courts.

I (Major PM Goswami) have been nominated by TSEWA, to be the Co-ordinator for this AFT Case 28, responsible to compile the list, database, documents and details of interested / affected officers of ALL THE THREE SERVICES who fall in the category explained below.

This relief can be sought by all such officers as were:-

In service in the rank of Majors, Lt Cdrs and Sqn Ldrs, as on 1st Jan 1996 or promoted to these ranks between 2 Jan 1996 and upto 29 Feb 2000, irrespective of the rank and date at which they finally retired. ( List A)

Pre-1 Jan 1996 retiree Majors, Lt Cdrs and Sqn Ldrs, who, as a result of this anomaly, subsequently received less pensions because their pensions were based on notional salary, calculated from a lower basic salary. (List B)

These would be two separate lists as the legal framework and arguments could differ for the above two categories of petitioners, viz, In Service as on 1 Jan 1996 and pre-1 Jan 1996 retirees as their subsequent pensions would be incorrect.

Those who wish to register for this case are requested to email me at aftcase6a@gmail.com Please write Subject Heading as ‘JOINING AFT 28’ and the List which you want to join, List A or List B.

Examples for Subject Heading of your Email to me.

‘Lt Cdr PK Mahapani_ TSEWA no 7785_Joining AFT 28_List A

or

Brig M Becharu_TSEWA no 7432_Joining AFT 28_List B

As per TSEWA precedence and practice of the past, the minimum number of petitioners for filing this case is kept at 100. This is to keep the exorbitant Legal Fee at an optimum level. The Fee per Officer is 5000/- and for Family Pensioners is 3000/-

On receipt of your first email, communicating your consent to join this case I will share further details required and formats/samples of forms for completion of regn process for AFT 28.

Regns for earlier or other TSEWA AFT cases is not acceptable for this case, as this is a fresh case.

Best wishes.

Major Goswami (Retd)

MA(Def Studies), LLB(Hons), MBA

TSEWA NO 0127

Mob: 09177502777

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3 Comments

Please Go through TA 442/2010. The case has already been decided by AFT. BUT Please apply correctly as the required service for Majors was reduced from 11 years to 10 years so 11925/- is applicable for a major from end of 10 years service. The arrears till now are Rs Twenty Lakhs plus with 10% interest as given to Jai Narayan Jakhar.

Please Go through TA 442/2010. The case has already been decided by AFT. BUT Please apply correctly as the required service for Majors was reduced from 11 years to 10 years so 11925/- is applicable for a major from end of 10 years service. The arrears till now are Rs Twenty Lakhs plus with 10% interest as given to Jai Narayan Jakhar.